New Mexico GOP’s absentee ballot drop box lawsuit resolved

ALBUQUERQUE — A Republican Party of New Mexico lawsuit alleging absentee ballot drop box security violations has been dismissed.

The case was dismissed Oct. 29. It’s the second New Mexico GOP legal action to be dismissed this week.

The Republican Party’s attorney filed a notice of withdrawal Thursday which stated all parties had reached a “consensual resolution” to the GOP’s concerns. The resolution includes the secretary of state reiterating previously issued guidance on ballot drop boxes to county clerks.

Secretary of State's Office spokesperson Alex Curtas also said the judge dismissed the case "outright."

The GOP’s initial complaint, filed Monday, named the secretary of state and two county clerks as defendants.

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The lawsuit sought a new rule to make the secretary mandate video monitoring for all drop boxes and accused the two county clerks of violating existing security guidance for the boxes, which some counties are using to more quickly allow voters to turn in their absentee ballots at some polling places before and on Election Day.

The lawsuit sought three injunctions initially — one to stop the use of drop boxes unless video monitoring was used and two to make the accused clerks adhere to security guidelines or stop using the boxes.

On Oct. 27, the day after the party first filed its drop box lawsuit in the First Judicial District Court, the GOP voluntarily withdrew Guadalupe County Clerk Patrick Martinez as a defendant named in the complaint. 

Patrick Martinez declined to comment when reached Thursday, but told the NM Political Report by email that some voters had mistakenly dropped their ballots off in a county box not meant for ballots. He said a notice has since gone up to tell people it's not a ballot drop box.

Taos County Clerk Anna Martinez was also named, but the GOP voluntarily withdrew her name Thursday morning after court documents said she agreed to move a drop box indoors “in view of the poll workers” and in compliance with guidelines.

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Anna Martinez declined to comment when reached Wednesday.

The RPNM alleged the Taos County Clerk's Office had left a drop box unattended outside the county courthouse during voting hours.

In its motion for dismissal, New Mexico Secretary of State Maggie Toulouse Oliver's office argued it would be wrong to change the rules for video monitoring days before an election. 

“We’re pleased that the court agreed with us today and dismissed the Republican Party of New Mexico’s ballot box lawsuit," Curtas said in a statement. "Before the judge dismissed the case outright, RPNM had already agreed that all Secretary Toulouse Oliver needed to do was reiterate her previously circulated guidance on ballot drop box procedures."

Following the dismissal, the Republican Party declared victory.

"Our legal action was to simply ensure that there’s election integrity everywhere and that all counties follow the law," Republican Party Chairman Steve Pearce said in a news release. "It’s gratifying to know that the state is also taking action to tell county officials that they must enforce this critical part of our election law. We all want fair and honest elections."

On Tuesday, the New Mexico Supreme Court denied a Republican writ petition to allow poll challengers and watchers to be present during initial absentee ballot processing and to overturn a rule in the election code prohibiting them from viewing voters’ Social Security numbers to verify them on ballot envelopes.

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In Thursday's release, the party said while the Supreme Court "declined to hear that case, RPNM has discussed the issue with the Department of Justice."

Toulouse Oliver has called the GOP’s recent legal actions a partisan “distraction” and “ugly voter suppression tactics.”

Michael McDevitt is a city and county government reporter for the Sun-News. He can be reached at 575-202-3205, mmcdevitt@lcsun-news.com or @MikeMcDTweets on Twitter.